Benignitas

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CAV REOPENS SEARCH-INCIDENT-TO-SUMMONS CASE

On Tuesday, March 22, the Court of Appeals granted an en banc rehearing in Moore v. Commonwealth. On February 22, in a published opinion, a panel of the court had ruled that the police could not conduct a search of a person when the officer was required by law to issue only a summons instead of effecting a full arrest. The matter will now be re-briefed and argued to the full court, probably in the fall. (The court’s last en banc session of the 2004-05 term is May 24, by which date the briefing may only recently have been completed. The first en banc session of the next term is September 28.)